Acórdão nº 9530745 de Court of Appeal of Porto (Portugal), 21 de Abril de 1998
| Magistrado Responsável | RAPAZOTE FERNANDES |
| Data da Resolução | 21 de Abril de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR CONTRAT. DIR CIV - DIR REAIS. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART1251 ART1253. CRP84 ART2 N1 A ART9 N1.
Jurisprudência Nacional: AC STJ DE 1980/01/29 IN BMJ N293 PAG341.
Sumário: I - É mera posse precária, porque exercida em nome alheio, a posse de fracção ou de prédio após a celebração de contrato-promessa de compra e venda até à data da celebração da respectiva escritura. II - Se à data do registo de uma hipoteca já estava constituída sobre os respectivos bens posse a favor de terceiro, esta posse prevalece sobre a hipoteca, não se exigindo, em princípio, que a posse esteja registada antes do registo da hipoteca. III - Mas se a posse se funda em...
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